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(영문) 대구지방법원 서부지원 2015.09.18 2015고단698
특수절도
Text

Defendant

A shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be imposed against Defendant A.

Reasons

Punishment of the crime

Defendant

A On March 13, 2014, the Daegu District Court sentenced two years of imprisonment with prison labor for special larceny to six months, and the judgment was finalized on March 21, 2014. Defendant B sentenced ten months to imprisonment with prison labor in the Daegu District Court on September 2, 2011 and completed the execution of the sentence in the Daegu Prison on April 7, 2012. On December 11, 2014, the judgment became final and conclusive on December 19, 2014.

1. The Defendants and C had the mind that they theft the scrap metal together with C. On October 3, 2013, the Defendants boarded the instant cargo onto the instant cargo vehicle owned by Defendant A, and, on October 3, 2013, requested from North Korea at the port of port on October 24:0, 2013, she driven the said cargo through the entrance opened in front of the “victim of the Victim Co., Ltd. Co., Ltd.” in 578-11, and entered the said cargo vehicle, and loaded approximately two tons of the market price of the victim’s possession to the said cargo vehicle, and loaded approximately 6.70,000 tons of the said cargo.

As a result, the Defendants stolen the victim's property together with C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol regarding C;

1. E statements;

1. Previous records: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records, investigation reports (Attachment to B written judgments of a suspect, attachment to judgment of a suspect A, and confinement status of personal identification);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendant B among repeated crimes: Article 35 of the Criminal Act;

1. Defendants who commit concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (Consideration, reflectivity, degree of damage, etc.);

1. Defendant B exempted from punishment: The same is not significant in the degree of damage under the latter part of Article 39(1) of the Criminal Act, the fact that an employee of the victimized company states that he/she will be able to take the action in an investigative agency, and the same is the case finalized.

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